SACRAMENTO, Calif. (Legal Newsline) – Fruit-flavored “Refreshers” at Starbucks don’t contain the fruits they are said to, a class action lawsuit alleges.
Plaintiff Jason McAllister and his lawyers at the Los Angeles firm Custodio & Dubey filed suit Aug. 8 in Sacramento federal court against Starbucks Corporation, alleging false and misleading advertising to gain a competitive edge in the market, “all at the expense of unsuspecting consumers.”
The lawsuit mentions six Refreshers – Mango Dragonfruit Lemonade, Mango Dragonfruit, Strawberry Acai Lemonade, Strawberry Acai, Pineapple Passionfruit Lemonade and Pineapple Passionfruit.
They contain no mango, no passionfruit and no acai, the suit says.
“Plaintiff and other consumers purchased the Products and paid a premium price based upon their reliance on Defendant’s naming of the Products,” the suit says.
“Had Plaintiff and other consumers been aware that the Products are missing one of the named fruits, they would not have purchased the Products or would have paid significantly less for them. Accordingly, Plaintiff and Class members have been injured by Defendant’s deceptive business practices.”
The suit alleges violation of California’s Consumers Legal Remedies Act, among other claims.